ARIHANT JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Miscellaneous criminal case has been instituted on an application filed by applicant/accused Arihant Jain under Section 482 of the Code of Criminal Procedure for quashing the charge-sheet in Crime No.66/2013 registered at P.S. Nainpur, District-Mandla, under Sections 147, 294, 186, 353 and 448 of the IPC, which has since been registered as Criminal Case No.162/2013 pending in the Court of Judicial Magistrate First Class, Nainpur, District-Mandla.

(2.) The facts necessary for the disposal of this miscellaneous criminal case may be summarized as hereunder: Accused Radheshyam Dahiya, who was a member of Panchayat in village Pindrai, had encroached upon the fallow grass-land reserved for construction of godown and other government buildings. On an application received from villagers, Smt. Rekha Deshmukh Tahsildar, Nainpur, had called for a report from the concerned Patwari. On 15.03.2013, the inquiry report was submitted, which was registered as Revenue Case No.(68) 12/13. As per the report of the Patwari, accused Radheshyam had encroached upon the land ad- measuring 13x20 square-feet and had raised illegal construction thereon. Consequently, a stay order was passed by the Court of Tehsildar and it was served upon Radheshyam Dahiya. He had also filed his reply in the matter.

(3.) On 19.03.2013, there was a camp of Revenue Officers at village Pindrai. The Tehsildar orally directed accused Radheshyam to remove encroachment; however, he refused to do so, whereon the Tehsildar directed the concerned Patwari Amar Singh Parte to remove the encroachment with the help of other Patwaries and Kotwars.